22 Amendments of Marion WALSMANN related to 2023/0323(COD)
Amendment 31 #
Proposal for a regulation
Recital 4
Recital 4
(4) Although jJudicial claims related to late payment are already facilitated by Regulations (EC) No 805/200436 , (EC) No 1896/200637 , (EC) No 861/200738 and (EU) No 1215/201239 of the European Parliament and of the Council, in order to discourage late payment in commercial transactions it is necessary to lay down complementary provisions. The procedures introduced there are used differently in the Member States. The European order for payment procedure in particular is not used in the same way in all Member States, with the duration of the procedure varying greatly39a. However, greater use of these instruments would allow companies to obtain their compensation more quickly. The European procedures referred above are not sufficiently well known among businesses, citizens, professionals and courts. For this reason, it is necessary to make the procedures more effective and better known. By shortening the respective deadlines and introducing electronic processing, the procedures will become more attractive. The Member States are also required to ensure compliance with the maximum duration of the procedure. __________________ 36 Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.04.2004, p. 15) 37 Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1). 38 Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1). 39 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1). 39a Report from the Commission on the application of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
Amendment 33 #
Proposal for a regulation
Recital 8
Recital 8
(8) Provisions should be laid down to prevent late payments in commercial transactions, consisting in the delivery of goods or supply of services for remuneration, irrespective of whether they are carried out between undertakings or between undertakings and contracting authorities/entities, where the latter are the debtor, given these contracting authorities/entities handle a considerable. As the contracting authorities/awarding bodies process a considerable volume of payments to undertakings and since a significant amount of late payments has been experienced over the last years, it is necessary to set a mandatory payment period of 30 calendar days for these transactions. A longer payment period is often required between undertakings. Therefore, in B2B transactions, the payment period may not exceed 60 calendar days after receipt of the invoice. Due to the special features of the financing model in some sectors, it is nevertheless necessary to agree even longer payment periods. This applies in particular to seasonal goods and slow motion products. Taking into account the circumstances of an individual case, it should therefore be possible to agree longer payment periods in individual contracts. Such an agreement must be made expressly and may not be imposed unilaterally as general terms and conditions. Furthermore, the agreement must not be grossly unfair with regard to the interests of the creditor. It is already assumed that there is no gross inequity if the debtor is a small or medium-sized enterprise. Gross unfairness exists if the deviation from the standard period of 60 days occurs without an objective reason and violume of payments to undertakingates the principles of good faith and honesty. This is presumed to be the case if a payment period of more than 120 days has been agreed upon. The presumption can be rebutted in individual cases.
Amendment 64 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 95 #
Proposal for a regulation
Recital 32
Recital 32
(32) To provide sufficient time for all relevant actors to put in place the arrangements needed to comply with this Regulation, its application should be deferred. HowevIn order, to ensure better protectlegal certainty, the provisions of the creditors, commercial transactions that are to be paid after the date of entry into force of this Regulation, shall be subject to its provisions, even if the relevant contract was signed before its date of applicationis Regulation apply to transactions signed after its entry into force. In the case of long-term obligations, the provisions of this Regulation already apply to transactions concluded before the entry into force of this Regulation for the part of the remuneration to be paid after its entry into force. The relevant date is the date of receipt of the invoice.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period fixed in the contract shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. A longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 169 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 181 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordanby which the conformity of the goods or services with paragraph 2the contract is to be ascertained, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar daysA longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. The payment period shall begin to run after such procedure has taken place.
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The provisions on refusal of payment in the event of non-conforming goods or services shall remain unaffected.
Amendment 206 #
Proposal for a regulation
Article 4
Article 4
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. In case of late payment, the debtor shall be liable to pay interest for late payment, except where the debtor is not responsible for the payment delay.
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 246 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. WIf the re the conditions set out inquirements of paragraph 2 are satisfiedmet, interest for late payment shall start accruing from the last one ofon arrears shall commence on the day following the following events:
Amendment 261 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 271 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 281 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that adequate and effective means exist to end the contractual terms and practices referred to in paragraph 1practices like intentionally delaying or preventing the moment of sending the invoice.
Amendment 298 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 930 calendar days of the lodging of the action or application at the court or other competent authority, provided that the debt and the procedure are not disputed.
Amendment 301 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. This Article shall be without prejudice to the provisions of Regulation (EC) 1896/2006 and Regulation (EC) No 861/2007.
Amendment 302 #
Proposal for a regulation
Article 13
Article 13
Amendment 340 #
Proposal for a regulation
Article 14
Article 14
Amendment 358 #
Proposal for a regulation
Article 15
Article 15
Amendment 378 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. To the extent possible, Member States shall use digital tools for effective enforcement of this RegulationMember States shall use digital tools as soon as possible for the effective enforcement of this Regulation and of Regulations (EC) No 805/2004, (EC) No 1896/2006, (EC) No 861/2007 and (EU) No 1215/2012. It shall be possible to submit all forms digitally by 2027. Applicants shall be informed of their entitlement to interest on arrears in accordance with Article 5 and compensation for debt collection costs in accordance with Article 8 by means of a separate, clearly recognizable notice as part of the electronic application. In this context, separate reference shall be made to Article 8 (4) and (5).